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Buyers remorse and seller/builder's recourse

Discussion in 'Buying & Selling a Home or Residence' started by jklowe48, Mar 20, 2020.

  1. jklowe48

    jklowe48 Law Topic Starter New Member

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    Seeking a little advice as what to do next...I'm the builder/seller of a new construction home. Home was under contract and set to close yesterday March 19th 2020. Buyers agent notify me Monday March 16th buyers were withdrawing from contract, here is where it gets complicated. Buyers put into escrow 1000.00 due diligence and I understand that I have a right to that monies. We wrote a nonrefundable change order for upgrades to deck railing and carpet in guest bedrooms with then knowing if they backed out they would lose that money. We also agreed to pay an allowance and they pay the rest for custom closet cabinetry, which was also nonrefundable. Now they are refusing to sign termination of contract form which will get me the due diligence check but more importantly house back on MLS. Time to obtain legal counsel?

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  2. adjusterjack

    adjusterjack Super Moderator

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    For $1000?

    How about small claims court? You wouldn't need a lawyer.
     
  3. justblue

    justblue Well-Known Member

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    What state?
     
  4. jklowe48

    jklowe48 Law Topic Starter New Member

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    Sorry...North Carolina

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  5. jklowe48

    jklowe48 Law Topic Starter New Member

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    Not so much for the 1000.00 but I can't relist without a signed termination of contract and they are wanting the money for upgrades and cabinetry

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  6. adjusterjack

    adjusterjack Super Moderator

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    They paid you more than just the $1000?

    Yeah, now I think it would be a good idea to talk to a lawyer.
     

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